KRIPAMOY DAS @ RINKU DAS, Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. B. Datta, learned counsel appearing for the appellant as well as Mr. P. Bhattacharjee, learned Addl. Public Prosecutor for the state.

(2.) THIS is an appeal under Section 374 of the Criminal Procedure Code (Cr.P.C.) against the judgment and order dated 10.06.2005 as passed by the Sessions Judge, North Tripura, Kailashahar in S.T. No.78(NT/K)/2004, convicting the appellant under Sections 376(1)/457 of IPC and sentencing him to suffer RI for 3 years and pay fine of Rs.1,000/ - for commission of offence under Section 457 of IPC and in case of default in payment, the appellant is directed to suffer further RI for one year and to suffer RI for 10 years and to pay a fine of Rs.10,000/ - for commission of offence under Section 376(1) of IPC and in case of default in payment of fine, the appellant is directed to suffer further RI for two years. It has been directed that the sentences would run concurrently and in the event of payment of fine money, the same would be paid to the prosecutrix.

(3.) THE prosecution was launched against the appellant when a written ejahar (Exbt. -2) from one Laxmi Chakma was received by the Officer In -charge, Kumarghat Police Station, disclosing that his wife (the name concealed), hereinafter referred to either as the prosecutrix or as the PW.2, was raped by the appellant at the wee hour of night at about 00 hours on 08.03.2003. At the relevant point of time, his wife was at the residence with his grand -daughter (PW.5). The appellant allegedly broke the bolt by kicking the door from outside and entered the room to drag out the prosecutrix. On the said ejahar, the Kumarghat P.S. Case No.18/2003 under Sections 376/379 of the IPC was registered as there was allegation that the appellant took away a sum of Rs.1150/ - from the prosecutrix.